SUMMARY FINDINGS

II. GENERAL SUMMARY OF ALL CASES

There were 1,842 cases meeting the requirements of PL 94-71, where the veteran at the time of death was receiving disability compensation from the Veterans Administration based on a rating of 100%.

The Veterans Administration awarded service-connected death benefits in 1,597 cases, 86.70% of the claims filed for dependency and indemnity compensation.

Claims were disallowed in 237 cases, 12.87% of the claims filed.

Eight cases, .43% of the claims filed, were remanded to the regional offices of jurisdiction for further development (to obtain private hospital report, medical statement from private doctor, etc.) and reconsideration of the claims.

In the study mandated under PL 93-295, a total of 1,697 claims was reviewed. The Veterans Administration allowed service-connected death benefits in 1,274 cases, 75.07% of the claims filed. Claims for serviceconnected death benefits were disallowed in 423 cases, 24.93% of the claims filed. Although nearly 150 more cases were involved in the current study, there were 186 fewer denials of service connection for cause of death.

(4)

In the current study service connection was established in 1,597 of the 1,842 cases reported, representing 86.70% of the total.

In 237 claims, or 12.87% of the total claims filed for DIC during the period of the study, service connection for cause of death was not established.

In the previous DIC study, authorized by Public Law 93-295, a total of 1,697 DIC claims was filed. Of this number, 1,274 claims were allowed, representing 75.07% of the total claims. Denied claims totalled 423, 24.93% of the claims filed. Under the current study, the percentage of allowances of DIC claims increased from 75.07% to 86.70%.

In the vast majority of cases no difficulty was encountered in developing and adjudicating the claim. In several cases, extra effort was required in obtaining the necessary medical evidence to fully and fairly adjudicate the claim.

Included in this group are 10 cases where difficulty was encountered in obtaining hospital reports and autopsy findings. In order to assist the claimant seeking the benefit, the VA requested and obtained, from hospitals and other public sources, additional evidence relevant to the issue involved. In all cases, before a decision affecting entitlement was made, all necessary evidence had been secured.

Almost one-half of the cases in the study were filed by surviving dependents of veterans of World War II. In each period of service category, the number of allowed claims far exceeded the number of denied claims.

As of March 1976, 1,294,089 veterans of World War II were receiving compensation from the Veterans Administration for their service-connected disabilities. There were 51,392 veterans of World War I, 239,803 Korean Conflict veterans and 447,136 veterans of the Vietnam Era also receiving compensation. Peacetime veterans receiving compensation totalled 195,062.

The number of World War II veterans in receipt of compensation exceeded the combined total of compensation received by veterans of all the other cited periods of service. This would explain the greater number of surviving dependents of World War II veterans filing for DIC in contrast to the number of claims received from surviving dependents of veterans of other periods of service.

78-195 O - 76 - 10

State and national veterans service organizations held power of attorney in 212 or 89.45% of all denials, and in 1,106 or 69.25% of allowed cases.

In the 158 denied claims in which power of attorney was held by a national veterans service organization, the cases were reviewed by a representative of such organization at VA Central Office.